On Nov. 3, 1998, the Copyright Office published interim regulations for the designation
of such agents.^2984 Because the DMCA was made effective immediately, the Copyright Office
did not have time to conduct rulemaking proceedings. Accordingly, the Office adopted interim
regulations, and stated its intent in the next several weeks to publish a notice of proposed
rulemaking to seek comments on more comprehensive final regulations governing the
designation of agents to receive notification of claimed infringement. Upon the adoption of final
rules, Service Providers will have to file new designations that satisfy the requirements of the
final regulations.^2985
Under the Copyright Office’s interim rules, the Office does not provide printed forms for
filing interim designations of agents. Instead, Service Providers must file a document entitled
“Interim Designation of Agent to Receive Notifications of Claimed Infringement,” identified as
such by a prominent caption or heading. The Interim Designation, which requires a filing fee of
$20, must contain the following information: (i) the full legal name and address of the Service
Provider; (ii) all names under which the Service Provider is doing business; (iii) the name, full
address, telephone number, facsimile number, and electronic mail address of the agent to receive
notification of claimed infringement; and (iv) the signature of the appropriate officer or
representative of the Service Provider designating the agent, together with the printed name and
title of the person signing the designation, and the date of signature.^2986 A suggested format for
filing an Interim Designation can be found on the Copyright Office’s website at
http://lcweb.loc.gov/copyright/onlinesp/agent.pdf. Each Interim Designation may be filed only
on behalf of a single Service Provider. Related companies (e.g., parents and subsidiaries) are
considered separate Service Providers who would file separate interim designations.^2987
In the event of a change in the information reported in an Interim Designation, a Service
Provider must file an amended Interim Designation containing the current information required
for such designations, together with a filing fee of $20. A suggested format for filing an
amended Interim Designation can be found on the Copyright Office’s website at
http://lcweb.loc.gov/copyright/onlinesp/agenta.pdf. Designations and amendments are posted
online on the Copyright Office’s website at
http://www.loc.gov/copyright/onlinesp/list/index.html. If a Service Provider terminates its
operations, it must notify the Copyright Office by certified or registered mail.^2988
(i) CoStar v. LoopnetIn CoStar Group Inc. v. LoopNet, Inc.,^2989 the court ruled that the safe harbor could not
protect LoopNet for any alleged infringements taking place before December 8, 1999, the date
(^2984) 63 Fed. Reg. 59233 (Nov. 3, 1998).
(^2985) Id. at 59234.
(^2986) Id. at 59234-35.
(^2987) Id. at 59234.
(^2988) Id. at 59235.
(^2989) 164 F. Supp. 2d 688 (D. Md. 2001), aff’d, 373 F.3d 544 (4th Cir. 2004).